Miss A Banach v Clipper Logistics plc: 1802050/2020
JUDGMENT
The complaints that the claimant was unfairly dismissed and for a redundancy payment are struck out.REASONS
[1]The claimant complains of, among other matters, unfair dismissal and seeks a redundancy payment.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. Section 155 of the same Act requires the same period of service to qualify for the right to a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaints.[5]The claimant has failed to give any reason, despite being given the opportunity to do so, why these complaints should not be struck out.[6]Accordingly, the complaints of unfair dismissal and for a redundancy payment are struck out. The claimant’s other complaint, for holiday pay, is not affected by this judgment. Employment Judge Little Date: 27th May 2020 Case No:1802050/2020 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Miss A Banach Respondent: Clipper Logistics Plc